H1 to H4 COS - Approval Date and related issues

[shrek449]

Hi there friends,

 

I was on H1B for 6 years and towards the end of my 5th year my employer filed for PERM and I got a general Audit (employment process and affidavit for proving no payment was made). As i was running out of time on my H1B (valid till Dec 12th, 2013) , I decided to move onto H4 (my wife is on H1B with a different employer). I sent out H4 docs on Dec 9th,2013 and got the receipt number indicating the same. On Dec 11th, my employer filed for termination of H1B dating it to Dec 9th, 2013 so that I would continue on H4 pending status.  I finally got the H4 approved after an RFE on May 16th, 2014. Now the approval indicates approval start date as 05/16/14 instead of 12/09/13 as I thought it would. Upon calling USCIS customer service, the Immigration officer came back saying that the COS was approved under the impression that my H1B was valid ( which it was at the time of receipt of H4 COS application) and they were not aware of the end of H1B due to which my H4 was not a valid one anymore. I was shocked to say the least. I wanted to get your feedback on this scenario. Has any one faced a similar issue? What am I or the Immigration officer missing here?

 

Thanks in advance!

[pontevecchio]

Firstly the USCIS Customer Service should never be believed. Does your H4 have an I94 or can you look at the proper site for your H4 I94?